CB Commonwealth v. Welansky - wanton and reckless behavior...

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Commonwealth v. Welansky 55 N.E.2d 902 (Mass. 1944) Fact: Procedural Facts: Operative Facts: An owner of a night club was in the hospital, and his club went on fire, several people were killed because the club had inadequate exits in the event of fire. He was charged with involuntary manslaughter. Issue: Broad Question: Narrow Question: Was the owner wanton (immoral) or reckless because he did not have adequate fire exits? Rule: Fire is constantly a public danger, inadequate regards to safety codes on a building proves
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Unformatted text preview: wanton and reckless behavior itself. Rational: Since fire is a constant danger, if people do not go up to code on fire rules, then they have immorally disregarded the safety of their patrons in the event of a fire. Holding: Yes, the owner was wanton or reckless because he didn’t have adequate fire exits, which convicted him of involuntary manslaughter. Synthesis: Dissent/Concurrences:...
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